Spouse Maintenance

NAR

A mate of mine is divorced and part of the financial settlement was that he would pay his ex so much a month in maintenance (for her, not kids). He is going steady at the minute and is contemplating marriage. His query is, if he gets married and his ex goes to court looking for more maintenance, would his new wife's salary and financial circumstances be brought into the calculations. If the answer is yes he obviously wants to tell his new lady.

I would have thought not, but I don't know for sure. Can anyone shed any experience on this please?

helen21_2

Was this settlement through a court? Or Csa?

NAR

helen21 wrote:

Was this settlement through a court? Or Csa?

Court, as part of the divorce. AFAIK

helen21_2

NAR wrote:

Court, as part of the divorce. AFAIK

Hi Nar

I'm sorry but not sure how things work when there has been a court order made. I know the csa are a bunch of ***** but get friend to give them a ring or the CAB office.

NAR

helen21 wrote:

Hi Nar

I'm sorry but not sure how things work when there has been a court order made. I know the csa are a bunch of ***** but get friend to give them a ring or the CAB office.

Sorry helen I think you have misunderstood. This is maintenance he pays to his wife, for his wife. The CSA payment for the kids is separate.

calleyw

helen21 wrote:

Was this settlement through a court? Or Csa?

If it is spousal maintenance why would it go through the CSA

I found this while browsing:

Spousal maintenance

Either spouse may be entitled to maintenance payments from the other. Typically, orders are for a fixed period of years or until the payee remarries, cohabits for 6 months or dies. Such maintenance is subject to variation in the event that there is any significant change in financial circumstances.

That last line could mean yes. But from a personal view I would never pay for my husband ex and neither should I be asked too.

I think your friend needs to seek legal advice before he cohabits or re-marries.



Yours

Calley

Bossyboots

The simple answer is yes. However, what the outcome would be can only be judged on a case by case basis and the financial position of the ex-wife will also be reviewed and it may well be that the court decides she is adequately provided for. It is more likely they would increase a child maintenance order but they will increase spousal maintenance if there is a big difference between the parties' circumstances.

I hope he is keeping in mind the events that would cause spousal maintenance to stop, the main one being her cohabiting with someone else.

Spousal maintenance is very rare these days when a clean break is the preferred option. Going back to court might have some advantages as although it may cost him some money, he could negotiate a clean break at that time meaning she can claim nothing from him later.

Bossyboots

calleyw wrote:

That last line could mean yes. But from a personal view I would never pay for my husband ex and neither should I asked too..

Unfortunately that is not the way it works and if the household income has greatly increased, regardless of how, the ex spouse can ask for more. Technically you would actually be being asked to provide more for you and your partner so he has free funds to pay to his ex, rather than you actually having to pay it but that is just semantics and the end result is the same.

As I have said though it is unusual to have spousal maintenance now and if there is a clean break order then there is no scope for an ex to request further money.

margaretclare

Bossyboots wrote:

Spousal maintenance is very rare these days when a clean break is the preferred option. Going back to court might have some advantages as although it may cost him some money, he could negotiate a clean break at that time meaning she can claim nothing from him later.

I thought that was the case - that spousal maintenance was very rare. a woman is no longer financially dependent on a man - even if she has to claim benefits in her own right!

I thought that maintenance only existed for dependent children, not for a (presumably) fit and able woman!! Yes, I agree, a 'clean break' seems the best option.

Aunty Margaret

helen21_2

NAR wrote:

Sorry helen I think you have misunderstood. This is maintenance he pays to his wife, for his wife. The CSA payment for the kids is separate.

Ooops sorry nar obviously misread your post

NAR

helen21 wrote:

Ooops sorry nar obviously misread your post

No problem helen.

Many thanks for the useful replies which I will pass on. Not sure why he didn't get a clean break, maybe couldn't afford it.